EMPLOYMENT - ATTORNEY RECEIVING INFORMATION AS SPECIAL PROSECUTOR ACTING AS DEFENSE
COUNSEL - An attorney, whose employment was sought as special prosecutor by the
prosecuting witness in a criminal case, is prohibited from later accepting employment as
defense counsel in the same case.

The prosecutrix in a statutory rape case sought to employ a member of the Bar as
special prosecutor. The prosecutrix related to the attorney her version of the facts
of the case, and the attorney set a fee for his services as special prosecutor. The
father of prosecutrix advised the attorney he was unable to pay this fee, and no further
conversation was had between them. Subsequently, the defendant in the case offered
to employ this attorney as defense counsel. Would it violate the Canons of Ethics
for the attorney to accept employment as defense counsel under these circumstances?

Opinion

The committee is of the opinion that the acceptance of employment to represent the
defendant under the facts submitted would be in violation of No. 6. (8-0)